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23 1999

ELECTRICITY REGULATION ACT, 1999

PART VII

Consequential Repeals and Amendments

Repeals.

41. —Sections 36 and 37 of the Principal Act are hereby repealed.

Amendment of section 35 of Principal Act.

42. —Section 35 of the Principal Act is hereby amended in subsection (1) by the insertion after “granted under this Act” of “or a licence granted under section 14 of the Electricity Regulation Act, 1999,” and the subsection as so amended is set out in the Table to this section.

TABLE

(1) From and after the expiration of six months from the passing of this Act or such further period as may be fixed by the Board for any particular area, no person (other than the Board) shall sell electricity or supply electricity for sale unless he is an authorised undertaker or is a person authorised by a permit granted under this Act or a licence granted under section 14 of the Electricity Regulation Act, 1999, to supply electricity.

Amendment of section 45 of Principal Act.

43. —Section 45 of the Principal Act is hereby amended in paragraph (a) of subsection (5) by the insertion after “the Board” of “or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, as the case may be” and the paragraph as so amended is set out in the Table to this section.

TABLE

(5) A special order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the Board or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, as the case may be.

Amendment of section 77 of Principal Act.

44. —Section 77 of the Principal Act is hereby amended by the substitution for that section of the following section:

Payment by local authorities of expenses of certain alterations.

77.—Whenever a local authority on account of or for the purpose of an alteration to a road or bridge—

(a) requires an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or the holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, to alter the position or depth of underground electrical wires, mains, or other electrical works or the position of poles or other structures carrying electrical wires or mains or other above ground electrical works, or

(b) requires the Board to alter the position or depth of any such underground electrical works or the position of any such above ground electrical works as aforesaid belonging to or under the control of the Board,

the expenses incurred by such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, or by the Board, as the case may be, in complying with such requisition shall be paid to such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, or to the Board, as the case may require, by such local authority or, demand as part of the expenses of the maintenance of such road or bridge and the amount of such expenses so to be paid to such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, or to the Board shall be fixed by an arbitrator appointed by the Commission for Electricity Regulation established under section 8 of the Electricity Regulation Act, 1999.”.

Amendment of section 98 of Principal Act.

45. —Section 98 of the Principal Act is hereby amended by the substitution for that section of the following section:

Lopping of trees by Board, an authorised undertaker or holder of an authorisation.

98.—(1) The Board, an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, as the case may be, may, taking due care and attention to avoid unneccessary damage, lop or cut any tree, shrub or hedge which obstructs or interferes with any electrical wires of the Board or of such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, as the case may be, or with the erection or laying of any such electrical wires or with the survey of the proposed route of any transmission or distribution lines of the Board or of such authorised undertaker or of any electric wire of a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999.

(2) Before lopping or cutting any tree, shrub or hedge under this section the Board or an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, as the case may be, shall give to the occupier of the land or in the case of a road or street to the local authority charged with the maintenance of such road or street on which such tree, shrub or hedge is standing, seven days notice of its intention to lop or cut the same and such occupier or local authority may if he or it, as the case may be, so desires and so informs the Board or such authorised undertaker or holder of an authorisation, as the case may be, within seven days himself or itself carry out such lopping or cutting.

(3) When the occupier of land cuts or lops any tree, shrub or hedge under this section the expense incurred by him in so doing shall be paid to him on demand by the Board or such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act, 1999, as the case may be, and the amount of such expenses shall, in default of agreement, be fixed by an arbitrator appointed by the Commission for Electricity Regulation established under section 8 of the Electricity Regulation Act, 1999.”.

Amendment of Freedom of Information Act, 1997.

46. —The First Schedule of the Freedom of Information Act, 1997 , is hereby amended by the inclusion in paragraph 1(2) of the following—

“the Commission for Electricity Regulation,”.